Doc. JUDr. Jozef Čentéš, PhD., prokurátor, Generálna prokuratúra SR, Právnická fakulta Univerzity Komenského v Bratislave, email:

The use of wiretapping technology is a phenomenon closely watched by professionals from va-rious fields, as well as lay public. This phenomenon is particularly related to wiretapping of the communication by public authorities, and it mainly pertains to the activities of organized crime.A different situation occurs when the context of a telephone conversation is tapped by one of the participants without the consent of the other participant. This case does not pertain to the act of public authorities under § 115 of Penal Code. It means that the conditions under § 115 of Penal Code do not apply to this sound recording (not even analogically). These participants can require privacy protection especially under Article 8 paragraph 1 of the Convention on the Protection of Human Rights and Fundamental Freedoms, Article 17 paragraph 1 of the International Pact on Civil and Political Rights, Article 13 paragraph 4, Article 16 paragraph 1 and 3 of the Constitution of the Slovak Republic. This paper deals with selected aspects of the legislation and the possibilities of the use of such acquired recording as the evidence in criminal proceedings.